News story

Vocational driver conduct Statutory Document updated

Richard Turfitt, The Senior Traffic Commissioner, has issued an updated version of the statutory document on driver conduct (Statutory document 6). This follows a consultation on proposed changes to how the traffic commissioners determine driver conduct issues.

The changes to Statutory document 6 include:

  • mutual recognition of driver disqualification between the GB and Republic of Ireland
  • the approach to abusive behaviour towards officials
  • determining cases when drivers fail to attend without notice
  • additional language support for drivers during hearings
  • revised entry points with case examples (for instance route planning and bridge strikes)
  • increased penalties for mobile phone use
  • starting points for military personnel

The other statutory documents have also been refreshed and updated. Many of the changes relate to bringing the legal position up to date and incorporating recent key Upper Tribunal decisions. We have also added in hyperlinks to improve navigation around the documents and to Upper Tribunal decisions as a result of previous feedback.

Due to the limited nature of the changes to the other statutory documents, we have not consulted widely. The Secretary of State and key stakeholders have been approached for comments. Statutory Document 13 is currently going through substantial changes and will be consulted on soon.

By way of summary, the most significant changes include:

  • references added to withdrawal from EU
  • the requirement for transport managers to exercise continuous and effective management further to Article 4
  • an updated position on driver employment with reference to recent Upper Tribunal decisions
  • references to Upper Tribunal decisions about representations made before a traffic commissioner decides whether to disqualify an operator or transport manager
  • the inclusion of a decision on distinction between financial standing and financial resources and expansion of ‘technically available’
  • further explanation around applications for periods of grace, including starting points
  • an update to serious offence details around community orders and relevant convictions in line with legislative changes
  • an expansion on bridge strikes/collisions with infrastructure with reference to Network Rail guidance
  • reference to best practice guides including vehicle security, diesel spillages and safety recalls
  • the inclusion of requirement for unique usage of VOL log-on details
  • guidance on dissolved company rights and restoration to Companies House register

You should review the Senior Traffic Commissioners’ statutory documents

Read the outcome of our consultation into vocational driver conduct

Published 29 September 2020